The era of combative federalism

News: Over the last few years, Indian federalism has shifted from cooperative to combative federalism.

What are the incidents related to combative federalism?

IAS cadre rules: Proposed amendments to Indian administrative service rules 1954 has triggered conflict between the center and states. As per the amendments, the government of India will deny states any consent for handing over civil servants for central deposition. So, this was opposed by Tamil Nadu, Kerala and a few other states.

Dismissal of Uttrakhand government:  Uttarakhand government was dismissed under Article 356 by the President proclamation

Governor’s office: In 2016, the Governor of Arunachal Pradesh advanced assembly elections, which led to political crisis and the President rule. The Supreme Court intervened by holding the governor’s discretion does not extend to powers conferred under article 174. The governor cannot summon the house, determine its legislative agenda or address the assembly without consulting the chief minister or the speaker.

Rajasthan: Governor refused to summon a session, which was desired by the Council of Ministers.

National capital territory: The question of control between the governor’s office and the Chief Minister reached the Supreme Court in 2018. The court held that the power of the governor to differ from the Delhi government is only limited to exceptional matters like land, police and public order.

West Bengal: WB’s Chief Secretary was summoned to Delhi after Prime Minister’s visit. West Bengal’s reluctance lead to disciplinary proceedings against the Chief Secretary. This led to litigation which is still pending before Delhi High Court.

What are the other conflicts, that highlights combative federalism?

The Center has used central investigative agencies to coerce governments and ministers and leaders. CBI’s attempted arrest of the Kolkata commissioner of police without a warrant in 2019 led to such conflicts.

The death of Sushant Singh Rajput and the conflict between Mumbai police, Bihar police and CBI led to another court battle. There have been other instances of government using customs, national investigation agency and enforcement directorate like in Kerala gold smuggling case.

What should be the way forward?

Combative federalism is against the spirit of the Constitution. The Constitution advocates cooperation and collaboration between the centre and states. As was stated by Supreme Court in Ajit Mohan V. legislative assembly, NCT of Delhi and others (2021), for a system to work well central government and state governments have to work hand-in-hand or at least walk side-by-side for better governance.

Cooperative federalism is required to negotiate, discuss and resolve the pending conflicts to ensure good governance.

Source: This post is based on the article “The era of combative federalism” published in The Hindu on 14th February 2022.